§ 206.9

Who may file petition.

A petition under this Subpart B may be filed by a trade association, firm, certified or recognized union, or other representative of an industry producing an article like or directly competitive with a foreign article which it is claimed is, as a result in major part of concessions granted under trade agreements, being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to such industry. The names and locations of the firms represented in the petition and of their establishments in which the named or described domestic article is produced, as well as the names and locations of all other producers of such article known to the petitioner, shall be listed in the petition. § 206.10

Contents of petition.

or

A petition under this Subpart B shall include concrete information in support of petitioner's claim that as a result in major part of concessions granted under trade agreements the named or described foreign article is being imported in such increased quantities as to cause threaten to cause serious injury to the domestic industry producing the named or described domestic article. Such supporting information shall be of the following character: (a) Import data (including data on imports for each of the most recent five full years) forming the basis of the claim that the named or described foreign article is being imported in increased quantities; (b) a statement of the basis of the claim that the increased imports have resulted in major part from trade agreement concessions; (c) data on total U.S. production by quantity of the named or described domestic article for each of the most recent five full years; (d) quantitative data indicating the nature and extent of the injury or threat thereof to the domestic industry concerned, with particular reference to the extent of idling of productive facilities, impairment of profitability of operations, and unemployment and underemployment; (e) enumeration and description of the factors believed to be causing or threatening to cause the injury described under (d); and (f) a statement regarding the extent to which increased imports of the named or described foreign article are believed to be such a factor.

12

This Subpart C sets forth the special rules applicable to investigations under section 301(c)(1) of the Trade Expansion Act upon petition for a determination of eligibility to apply for adjustment assistance under chapter 2 of title III of such Act. For other applicable rules see Subpart A of this part and Part 201 of this chapter.

§ 206.13 Who may file petition.

A petition under this Subpart C may be filed by an individual firm, or a representative of such a firm, producing an article like or directly competitive with a foreign article which it is claimed is, as a result in major part of concessions granted under trade agreements, being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to such firm.

§ 206.14 Contents of petition.

As a part of each petition under this Subpart C, there shall be attached a

12 Section 301(c)(1) of the Trade Expansion Act provides as follows: "In the case of a petition by a firm for a determination of eligibility to apply for adjustment assistance under chapter 2, the Tariff Commission shall promptly make an investigation to determine whether, as a result in major part of concessions granted under trade agreements, an article like or directly competitive with an article produced by the firm is being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to such firm. In making its determination under this paragraph, the Tariff Commission shall take into account all economic factors which it considers relevant, including idling of productive facilities of the firm, inability of the firm to operate at a level of reasonable profit, and unemployment or underemployment in the firm." (19 U.S.C. 1901).

completed Tariff Commission Form 301F.

(Copies of this form may be obtained by prospective petitioners from the Secretary of the Commission.) In addition, each petition under this Subpart C shall include the following: (a) A statement of the basis of the claim that the increased imports of the named or described foreign article have resulted in major part from trade agreement concessions; (b) enumeration and description of the factors believed to be causing or threatening to cause serious injury to the petitioning firm; and (c) a statement regarding the extent to which increased imports of the named or described foreign article are believed to be such a factor.

§ 206.15 Release of reports.

Commission reports to the President concerning investigations to which this Subpart C relates will not be released to the public, but the Commission will make public its conclusion in each investigation.

Subpart D-Investigations Upon Peti

tion for Determination of Eligibility of Workers to Apply for Adjustment Assistance

§ 206.16 Applicability of subpart.

This Subpart D sets forth the special rules applicable to investigations under section 301(c)(2) of the Trade Expansion Act 18 upon petition for determination of eligibility to apply for adjustment assistance under chapter 3 of title III of such Act. For other applicable rules see Subpart A of this part and Part 201 of this chapter.

13 Section 301(c)(2) of the Trade Expansion Act provides as follows: "In the case of a petition by a group of workers for a determination of eligibility to apply for adjustment assistance under chapter 3, the Tariff Commission shall promptly make an investigation to determine whether, as a result in major part of concessions granted under trade agreements, an article like or directly competitive with an article produced by such workers' firm, or an appropriate subdivision thereof, is being imported into the United States in such increased quantities as to cause, or threaten to cause, unemployment or underemployment of a significant number or proportion of the workers of such firm or subdivision." (19 U.S.C. 1901.)

workers in an individual firm or by their certified or recognized union or other duly authorized representative. The workers by whom or on whose behalf the petition is filed must be persons who are, or who have been within one year prior to the date of the petition, employed regularly in the production of the named or described domestic article by the firm whose workers are claimed to be unemployed, underemployed, or threatened with unemployment or underemployment, by reason of the increase in imports of the named or described foreign article, which increase resulted in major part from concessions granted under trade agreements.

§ 206.18

Contents of petition.

A petition under this Subpart D shall include concrete information in support of petitioning workers' claim that, as a result in major part of concessions granted under trade agreements, an article like or directly competitive with an article produced by the petitioning workers' firm, or an appropriate subdivision thereof, is being imported into the United States in such increased quantities as to cause, or threaten to cause, unemployment or underemployment of a significant number or proportion of the workers of such firm or subdivision. In particular, supporting information of the following character shall be included: (a) The name and location of the workers' firm; (b) the total number of establishments (all articles) operated by the workers' firm and their locations, identifying the separate establishment(s), if any, in which the named or described domestic article is produced; (c) import data forming the basis of the claim that the named or described foreign article is being imported in increased quantities; (d) a statement of the basis of the claim that the increased imports resulted from trade agreement concessions; (e) data on production and sales by the workers' firm as a whole of the named or described domestic article, by quantity and value, during each of the five most recent full years; (f) data for each of the five most recent full years showing (1) the value of total sales of all articles produced (i) by the firm as a whole, and (ii) by each separate establishment, if any, in which the named or described domestic article is produced; (2) the average number of production workers employed (i) by the firm as a

whole, (ii) by each of the separate establishments, if any, in which the named or described domestic article is produced, and (iii) in the production of the named or described domestic article only; and (3) the total number of man-hours employed in the production of (i) all articles produced by the firm as a whole, (ii) all articles produced in each of the separate establishments, if any, in which the named or described domestic article is produced, and (iii) the named or described domestic article only; (g) enumeration and description of the factors believed to be causing or threatening unemployment or underemployment in the workers' firm or subdivision thereof, and (h) a statement regarding the extent to which increased imports of the named or described foreign article are believed to be such a factor.

§ 206.19 Release of reports.

Commission reports to the President concerning investigations to which this Subpart D relates will not be released to the public, but the Commission will make public its conclusion in each investigation.

PART 207-REVIEW OF ACTIONS PROVIDING ADDITIONAL TARIFF PROTECTION TO INDUSTRIES TO PREVENT OR REMEDY SERIOUS INJURY FROM IMPORTS

Sec.

207.1 Applicability of part.

207.2 Continuing review maintained. 207.3 Investigations to determine probable effect of reduction or elimination of increased or additional import restrictions.

207.4 Investigations to determine probable effect of automatic termination of increased or additional import restrictions.

207.5 Public hearings.

207.6 Reports.

AUTHORITY: The provisions of this Part 207 issued under sec. 335, 72 Stat. 680, sec. 401, 76 Stat. 902; 19 U.S.C. 1335, 1802.

SOURCE: The provisions of this Part 207 appear at 27 F.R. 12125, Dec. 7, 1962.

§ 207.1 Applicability of part.

This Part 207 applies specifically to the functions and duties of the Commission under the provisions of section 351(d) of the Trade Expansion Act that deal with Commission review of increased or additional import restrictions imposed by

the President to prevent or remedy serious injury to domestic industries.1 For other applicable rules see Part 201 of this chapter.

§ 207.2 Continuing review maintained. As long as any increase in, or imposition of, any duty or other import restriction made by the President pursuant to section 7 of the Trade Agreements Extension Act of 1951 or section 351 of the Trade Expansion Act remains in effect, the Commission will keep under review developments with respect to the industry concerned, and report annually to the President concerning such developments. Unless otherwise ordered, no

14 The pertinent provisions of section 351 (d) of the Trade Expansion Act are as follows:

"(1) So long as any increase in, or imposition of, any duty or other import restriction pursuant to this section or pursuant to section 7 of the Trade Agreements Extension Act of 1951 remains in effect, the Tariff Commission shall keep under review developments with respect to the industry concerned, and shall make annual reports to the President concerning such developments.

"(2) Upon request of the President or upon its own motion, the Tariff Commission shall advise the President of its judgment as to the probable economic effect on the industry concerned of the reduction or termination of the increase in, or imposition of, any duty or other import restriction pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951.

"(3) Upon petition on behalf of the industry concerned, filed with the Tariff Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any increase or imposition referred to in paragraph (1) or (2) of subsection (c) is to terminate by reason of the expiration of the applicable period prescribed in paragraph (1) or an extension thereof under paragraph (2), the Tariff Commission shall advise the President of its judgment as to the probable economic effect on such industry of such termination.

"(4) In advising the President under this subsection as to the probable economic effect on the industry concerned, the Tariff Commission shall take into account all economic factors which it considers relevant, including idling of productive facilities, inability to operate at a level of reasonable profit, and unemployment or underemployment.

"(5) Advice by the Tariff Commission under this subsection shall be given on the basis of an investigation during the course of which the Tariff Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard." (19 U.S.C. 1981).

hearings or other formal proceedings will be had in connection with such continuing review. § 207.3

Investigations to determine probable effect of reduction or elimination of increased or additional import restrictions."

15

(a) Initiation of investigations. Investigations for the purposes of section 351(d) (2) of the Trade Expansion Act will be instituted only upon request of the President or upon the Commission's own motion.

(b) Investigations upon Commission's own motion. An investigation upon the Commission's own motion will be instituted whenever, in the course of its continuing review of developments in the industry concerned (§ 207.2) it appears to the Commission that the increase in, or imposition of, the duty or other import restriction proclaimed by the President pursuant to section 7 of the Trade Agreements Extension Act of 1951 or section 351 of the Trade Expansion Act may no longer be necessary to prevent or remedy serious injury to such industry. § 207.4 Investigations to determine probable effect of automatic termination of increased or additional import restrictions.16

(a) Initiation of investigations. Investigations for the purposes of section 351(d)(3) of the Trade Expansion Act will be instituted upon petition filed on behalf of the industry concerned.

15 Investigations to which § 207.3 relates are conducted for the purpose of advising the President in connection with any action he might take pursuant to section 351(c) (1) (A) of the Trade Expansion Act, which reads as follows: "Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951 * * * may be reduced or terminated by the President when he determines, after taking into account the advice received from the Tariff Commission under subsection (d) (2) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such reduction or termination is in the national interest." (19 U.S.C. 1981).

16 Section 351 (c) (1) (B) of the Trade Expansion Act provides as follows: "Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or section 7 of the Trade Agree✶ ✶ unless ments Extension Act of 1951 * extended under paragraph (2), shall terminate not later than the close of the date which is 4 years (or, in the case of any such increase or imposition proclaimed pursuant

(b) Who may file petition. A petition under this § 207.4 may be filed by or on behalf of any firm or firms which, during the last full year preceding the filing of the petition, accounted for the major portion (by quantity) of the domestic article concerned in the investigation of the Commission which resulted in the increase in, or imposition of, the duty or other import restriction.

(c) Time for filing. A petition under this § 207.4 may not be filed earlier than the date which is 9 months, or later than the date which is 6 months, before the date the original increase in, or imposition of, the duty or other import restriction to which the petition relates, or any extension thereof, is to terminate unless further extended pursuant to law.

(d) Requirements for petitions. In addition to conforming with the requirements of $201.8 of this chapter, petitions filed under this § 207.4 shall include the following: (1) The names and addresses of the firms producing the domestic article concerned, and the location of the separate establishments, if any, of such firms in which such article is produced; (2) imports by quantity, for each of the most recent five full years, of the foreign article concerned; (3) production by quantity, for each of the most recent two full years, of the domestic article concerned; and (4) a statement of the reasons why petitioner believes that an extension of the increase in, or imposition of, the duty or other import restriction is warranted.

to such section 7, 5 years) after the effective date of the initial proclamation or the date of the enactment of this Act, whichever date is the later." The reference in section 351 (c) (1) (B) to "paragraph (2)" is to paragraph 2 of section 351(c), which reads as follows: "Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or pursuant to section 7 of the Trade Agreements Extension Act of 1951 may be extended in whole or in part by the President for such periods (not in excess of 4 years at any one time) as he may designate if he determines, after taking into account the advice received from the Tariff Commission under subsection (d) (3) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such extension is in the national interest". (19 U.S.C. 1981).

SOURCE: The provisions of this Part 208 appear at 27 F.R. 12126, Dec. 7, 1962, unless otherwise noted.

§ 208.1 Applicability of part.

This Part 208 applies specifically to investigations for the purposes of section 201(a) of the Antidumping Act. For other applicable rules see Part 201 of this chapter.

§ 208.2 Purpose of investigation.

The purpose of an investigation by the Commission under section 201(a) of the Antidumping Act is to determine whether an industry in the United States is being, or is likely to be, injured, or is prevented from being established, by reason of the importation into the United States of a class or kind of foreign merchandise which the Secretary of the

17 This part relates to the functions of the United States Tariff Commission under the provisions of the Antidumping Act. Responsibility for the administration of that Act, except with respect to the functions to which this Part 208 relates, is vested by law in the Secretary of the Treasury. Investigations under the Antidumping Act to determine whether a class or kind of foreign merchandise is being, or is likely to be, sold in the United States or elsewhere at less than its fair value are initiated by the Bureau of Customs.

Treasury has determined is being, or is likely to be, sold in the United States or elsewhere at less than its fair value.

§ 208.3 Institution of investigation.

After the receipt of advice from the Secretary of the Treasury that he has determined that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States or elsewhere at less than its fair value, the Commission will institute an investigation for the purposes indicated in § 208.2.

§ 208.4 Public hearings.

If, in the judgment of the Commission, there is good and sufficient reason therefor, the Commission, in the course of its investigation, will hold a public hearing and afford interested parties opportunity to appear and be heard at such hearing. If no notice of public hearing issues concurrently with a notice of investigation, any interested party who believes that a public hearing should be held may, within fifteen days after the date of publication in the FEDERAL REGISTER of the notice of investigation, submit a request in writing to the Secretary of the Commission that a public hearing be held, stating the reasons for such request.

§ 208.5 Written statements.

At any time after a notice of investigation under § 208.3 is published in the FEDERAL REGISTER, any interested party may submit to the Commission a written statement of information pertinent to the subject matter of such investigation. If a public hearing is held in the investigation such statement may be presented in lieu of appearance at such hearing. Statements shall conform with the requirements for documents set forth in §201.8 of this chapter.

§ 208.6 Notification of Commission's determination.

On or before the expiration of three months after the date of the receipt by the Commission of the advice from the Secretary of the Treasury referred to in § 208.3 the Commission will notify the Secretary of the Treasury of its determination. A summary of the Commission's determination, together with a statement of reasons therefor, will be published in the FEDERAL REGISTER.